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COURT OF APPEAL PUTRAJAYA
TWIN PAVILION DEVELOPMENT SDN BHD – Appellant
Versus
TEO CHOON MING & ORS – Respondent
| Table of Content |
|---|
| 1. introduction of the case and appeal (Para 1 , 2) |
| 2. background of property purchase and previous claims (Para 3 , 4 , 12) |
| 3. differentiation of current claim from previous claims (Para 7 , 11 , 18) |
| 4. arguments regarding res judicata and abuse of process (Para 9 , 10) |
| 5. application of res judicata principles (Para 14 , 20 , 22) |
| 6. conclusion and order of the court (Para 26) |
Introduction
[1] The respondents as the plaintiffs had filed a claim (current claim) against the appellant as the defendant for inter alia liquidated and ascertained damages (LAD) and various declarations. the appellant had filed an application to strike out the respondents' claim pursuant to O 18 r 19(1)(b) or (d) and/or O 92 r 4 of the Rules of Court 2012 (RC 2012) on the grounds of res judicata and abuse of Court's process.
[2] The High Court (HC) had dismissed the application which led to this appeal. We allowed the appeal and we now give our reasons.
Parties
[3] The respondents are the purchasers of a property Lot E-17-10 (the unit) which was purchased from the appellant, the developer. The sales and purchase agreement dated 20 January 2015 (S&P) was entered into.
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